Faculty Books & Edited Works

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  Trial Manual 10 for the Defense of Criminal Cases

  Anthony G. Amsterdam and Randy A. Hertz

  The Trial Manual for the Defense of Criminal Cases is a how-to-do-it guidebook for criminal defense lawyers at the trial level. This four-volume series covers the information a defense attorney has to know, and the strategic factors s/he should consider, at each stage of the criminal process. Starting with the point at which a defense attorney enters a criminal case it proceeds chronologically through investigation, discovery, pretrial motions, plea bargaining, suppression and other pretrial hearings, trial preparation, trial, sentencing, and post-verdict motions. It is organized for easy access by practitioners who need ideas and information quickly in order to jump-start their work at any given stage.

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  Attention, Please!

  Kwame Anthony Appiah

  Attention, Please! by renowned philosopher, cultural theorist, and old friend of the press, Kwame Anthony Appiah. In this volume, Dr. Appiah encourages us, “to pay attention, for a moment, to attention itself… [and] to tune into what we’ve been tuning out.” He first presented this exploration into what it means to pay attention at Princeton University’s 2023 graduation ceremony, where he was the commencement speaker. And as we all head towards graduation season, we think it a good time to present these inspired and inspiring musings in a beautiful and lasting format. The world is in the middle of an unusual time of transformation and, now, more than ever, it is really important for all of us to pay attention. We encourage you to pay attention to what Anthony has to say, to share it with the young people in your life who themselves might be graduating, and to share it with friends. Appiah reminds us, “that the information economy has given way to the attention economy: your apps are wildly signaling for your attention. ‘Attention merchants’ seek to monetize our eyeballs on social media; algorithms seek to entrance us, to tether us, to keep our attention captive…. By contrast, trained attention is about selectivity. About priority. Everything, everywhere, all at once: that’s distraction, the opposition of attention.”

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  Captive Gods: Religion and the Rise of Social Science

  Kwame Anthony Appiah

  Philosopher Kwame Anthony Appiah explores how early social scientists developed our modern understandings of society through their theories of religion. The foundations of modern social science were built on the study of religion, the acclaimed thinker Kwame Anthony Appiah argues. Delving into the intellectual currents of the nineteenth and early twentieth centuries, he investigates how formative thinkers—notably Edward Burnett Tylor, Émile Durkheim, Georg Simmel, and Max Weber—grappled with the concepts of society and religion as interdependent categories. Appiah shows how their efforts to define religion, or evade the task, mark the power and limitations of social thought in ways that persist among theorists today. Religion was not merely an object of study but a framework through which early social scientists established sociology as a discipline. Appiah also examines more recent work in both interpretive sociology and evolutionary and cognitive psychology about the mechanisms through which communities form beliefs and values—while underscoring the enduring significance of these earlier debates for contemporary social thought. Throughout, he intertwines storytelling, historical analysis, and philosophical reflection to show how our ideas about society and culture have been, and continue to be, forged in dialogue with religious questions.

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  Dividing Lines: How Transportation Infrastructure Reinforces Racial Inequality

  Deborah N. Archer

  Our nation’s infrastructure is crumbling. From collapsing highways to pockmarked roads to unreliable subway systems, the need to rebuild is manifest. But as Deborah N. Archer warns in Dividing Lines, we must not repair our infrastructure without first coming to grips with the troubling history behind it. Archer shows that when government-sanctioned racism was finally deemed illegal after the successes of the Civil Rights movement in the 1960s, officials across the country turned to infrastructure to protect segregation. Highways could not be run through Black neighborhoods based on the race of their residents, but those neighborhoods’ lower property values—a legacy of racial exclusion—could justify their destruction. A new suburb could not be for “whites only,” but planners could refuse to extend sidewalks from Black communities into white ones. With immense authority, Archer uncovers the animus built into our everyday environments and explains why existing Civil Rights law is insufficient to address the challenges we face today.

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  Kommentar zum UN-Kaufrecht (CISG): Übereinkommen der Vereinten Nationen über Verträge über den internationalen Warenkauf

  Yeşim M. Atamer, Klaus Bacher, Franco Ferrari, Christiana Fountoulakis, Pascal Hachem, André U. Janssen, Ben Gerrit Köhler, Tobias Lutzi, Florian Mohs, Martin Schmidt-Kessel, Ulrich G. Schroeter, and Corinne Widmer Lüchinger

  This comprehensive yet handy commentary provides a thorough, concise, and up-to-date explanation of the Convention on the International Sale of Goods (CISG). It has been valued by practitioners and academics alike for decades. The 8th edition incorporates a wealth of new international case law. The relationship between the CISG and Incoterms® 2020 is explored in even greater detail. Numerous commentaries have been restructured, some of them largely rewritten.

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  Advanced Introduction to International Patent Law

  Margo A. Bagley and Rochelle C. Dreyfuss

  Concise yet comprehensive, this book provides an eloquent overview of the international patent system, outlining the requirements for protecting inventions and enforcing patent rights. It explores the mechanisms that ensure compliance in relation to these obligations and how they have been interpreted by international bodies.

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  Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

  Rachel E. Barkow

  With less than 5 percent of the world’s population and almost a quarter of its prisoners, America indisputably has a mass incarceration problem. How did it happen? Tough-on-crime politics and a racially loaded drug war are obvious and important culprits, but another factor has received remarkably little attention: the Supreme Court. The Constitution contains numerous safeguards that check the state’s power to lock people away. Yet since the 1960s the Supreme Court has repeatedly disregarded these limits, bowing instead to unfounded claims that adherence to the Constitution is incompatible with public safety. In Justice Abandoned, Rachel Barkow highlights six Supreme Court decisions that paved the way for mass incarceration. These rulings have been crucial to the meteoric rise in pretrial detention and coercive plea bargaining. They have enabled disproportionate sentencing and overcrowded prison conditions. And they have sanctioned innumerable police stops and widespread racial discrimination. If the Court were committed to protecting constitutional rights and followed its standard methods of interpretation, none of these cases would have been decided as they were, and punishment in America would look very different than it does today. More than just an autopsy of the Supreme Court’s errors, Justice Abandoned offers a roadmap for change. Barkow shows that the originalist methodology adopted by the majority of the current Court demands overturning the unconstitutional policies underlying mass incarceration. If the justices genuinely believe in upholding the Constitution in all cases, then they have little choice but to reverse the wrongly decided precedents that have failed so many Americans.

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  Trademark Law: An Open-Access Casebook

  Barton C. Beebe

  Trademark Law: An Open-Access Casebook (Version 12) (2025) covers all aspects of American federal trademark law, including the creation, maintenance, and enforcement of trademark rights. The casebook also addresses right of publicity protection, false advertising law, and international aspects of trademark protection. The casebook is made available here on an at-cost, royalty-free basis.

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  Race, Racism, and International Law

  Devon W. Carbado, Kimberlé Williams Crenshaw, Justin Desautels-Stein, and Chantal Thomas

  What would it look like to place race at the center of international legal scholarship? From its inception in the 70s and 80s, critical race theory's target was the field of law, revealing it to be a repository for racial power. This particular critique of law was explosive because of law's putatively apolitical status, making it a unique site for an intellectual sit-in that has forever changed the way that race and racism are understood in American society. Several decades later, as indicators of populism and white nationalism spread across North America and Europe, critical race theory remains markedly absent from discourses in global affairs and international law. This volume opens the door for CRT to enter the international sphere. Featuring contributions from 30 of today's leading scholars from around the world, Race, Racism, and International Law explains how the concept of racial difference sits at the foundation of the legal, political, and social structures of hierarchy that shape the contemporary global order. Helmed by four pioneering experts, two in CRT and two in international law, the volume's approach targets regimes of power and violence that implicate racism, capitalism, and colonialism. This volume lays the groundwork for urgent and provocative new modes of critique and analysis.

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  Contract Hazards: Lawyers and Their Landmines

  Stephen J. Choi, Mitu Gulati, and Robert E. Scott

  There is a paradox in commercial contracting: Standardization makes possible production efficiencies but at the cost of contracts that contain “landmines”—loopholes that can be used strategically to gain litigation advantage when the transaction collapses. When standard contracts are traded in large liquid markets, the landmines in these contracts can become exponentially difficult to modify in order to keep the contract “market” and allow for a quick resale—producing a phenomenon the book labels “contract as artifact.” Supported by interviews with over two hundred market experts and an empirical examination of multiple commercial markets, the book’s claim is that landmines are ubiquitous in all markets in which transactions use standardized terms. Yet all markets are not the same. In the M&A market, there is no active secondary market to transform standard form contracts into artifacts. Here, problem contracts are more readily identified and repaired by landmine entrepreneurs. Landmines are more persistent and costly in large liquid markets such as sovereign debt and leveraged loans. The result is substantial costs incurred in disputes over the restructuring of bonds and creditor priorities, costs that could be avoided by the ex ante repair of landmine-infected contracts. Here, we see the main themes in the book realized: guru lawyers propose new ways of exploiting landmines in the standard contract while novice drafters can only insert marginal provisions that fail to deter these efforts. In the absence of dramatic shocks to the market, deeply embedded terms in the artifact contract repel major changes to the documentation.

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  Securities Regulation: Statutory Supplement

  Stephen J. Choi and A. C. Pritchard

  This statutory supplement includes the most widely-referenced statutory sections, rules, and forms, including the Securities Act of 1933 and the Securities Exchange Act of 1934. Forms 144 and D are new additions to the 2025 edition.

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  Eastward, Westward: A Life in Law

  Jerome A. Cohen

  Few Americans have done more than Jerome A. Cohen to advance the rule of law in East Asia. The founder of the study of Chinese law in the United States and a tireless advocate for human rights, Cohen has been a scholar, teacher, lawyer, and activist for more than sixty years. Moving among the United States, China, and Taiwan, he has encouraged legal reforms, promoted economic cooperation, mentored law students—including a future president of Taiwan—and brokered international crises. In this compelling, conversational memoir, Cohen recounts a dramatic life of striving for a better world from Washington, DC, to Beijing, offering vital first-hand insights from the study and practice of Sino-American relations. In the early 1960s, when Americans were not permitted to enter China, he met with émigrés in Hong Kong and interviewed them on Chinese criminal procedure. After economic reform under Deng Xiaoping, Cohen’s knowledge of Chinese law took on a new importance as foreign companies began to pursue business opportunities. Helping China develop and reconstruct its legal system, he made an influential case for the roles of Western law and lawyers. Cohen helped break political barriers in both China and Taiwan, and he was instrumental in securing the release of political prisoners in several countries. Sharing these experiences and many others, this book tells the full story of an unparalleled career bridging East and West.

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  Legal Heterodoxy in the Global South

  Kevin E. Davis and Marina Pargender

  This volume challenges the common perception that legal systems in developing countries are outdated or plagued by enforcement issues. Instead, it presents detailed case studies of private law in the Global South, showcasing how countries in the region have embraced legal doctrines that diverge from traditional approaches in the Global North. Chapters cover core areas of private law, including contracts, property, torts, corporations, and legal personality. The case studies range from India's adoption of CSR rules to Argentina's protection of hyper-vulnerable consumers. This volume demonstrates how many countries have incorporated social and distributional concerns into their private law regimes. Through these examples, the book presents a set of under-appreciated and innovative legal developments in the Global South.

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  Aspen Treatise for the Law of Torts

  Richard A. Epstein and Gregory M. Dickinson

  Concise yet comprehensive, The Law of Torts illuminates both the basics and the intricacies of tort law for students, courts, and practitioners. The treatise provides a solid foundation in the historical evolution of tort doctrine, and it systematically applies economic analysis and corrective-justice theory to address the major issues facing courts today. This newly updated edition includes a detailed discussion of the Restatement (Third) of Torts and leading contemporary issues in tort law, including public nuisance, global warming, products liability law, and liability of online entities. This completely updated second edition of The Law of Torts builds on its long-standing strengths: -Comprehensive Coverage: Addresses all topics of the basic Torts, Advanced Torts, Dignitary Torts, and Business Torts courses. -Quality of Analysis: Thought-provoking and balanced discussion of the underlying theories that shape the tort law in both hard and easy cases. -Clarity of Discussion: Presents black-letter tort doctrine through both classic and contemporary case law, making it an appropriate companion to any casebook. The Law of Torts is an invaluable guide to students seeking a solid command of tort law and to the courts and practitioners who continue to shape it.

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  Business, Defamation, and Privacy Torts

  Richard A. Epstein and Catherine M. Sharkey

  Business, Defamation, and Privacy Torts by Richard A. Epstein and Catherine M. Sharkey organizes topics suitable for an advanced, upper division course (or seminar) on Torts. When and why, if ever, are economic harms—as opposed to physical and emotional harms—recoverable in tort? There are certain breaches of duty for which pecuniary losses must be honored, lest the common law fail in its promise to prevent force and fraud. Just as we all enjoy the right to be free from the threat of physical harm, so too we have the right to receive protection for the ability to make new contracts free from threats of force and force, and to be assured that others will not seek to knowingly induce breach of our existing contracts. Additionally, we also deserve to have our reputation, and those of our goods and services, protected from harmful falsehoods. Also, privacy rights of two sorts also receive protection: first the right to keep personal information about ourselves private, and second to control the use of name and likeness in commercial and business ventures. The expansion of liability in these areas may at once be novel, dubious, and nonetheless potentially morally and socially desirable. Students must examine the full policy and doctrinal challenges of these debates. Setting selective limits on the recovery of pecuniary losses is how the common law has adapted to economic advancements since its early creation in England. From the Statute of Labourers of 1349 to the artificial intelligence controversies of today, students will be able to grapple with these legal adaptations to social change.

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  Labor Law

  Samuel Estreicher and Matthew T. Bodie

  This one-volume, concise treatise provides a comprehensive overview of federal labor law, focusing on employee rights, union representation campaigns, the collective bargaining process, and internal governance for labor organizations. It is designed for practitioners looking for an introduction to the subject and students working to understand the basics of our national labor policy. It reflects developments from the National Labor Relations Board and federal courts through the end of the Biden Administration, including changes in the regulation of representation elections, workplace speech, and employer disciplinary policies.

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  Selections for Contracts

  E. Allan Farnsworth, Carol Sanger, Neil B. Cohen, Richard R. W. Brooks, and Larry T. Garvin

  This supplement contains the major statutes, Restatements, and other domestic and international materials affecting contract law. It includes the Restatement (Second) of Contracts and Uniform Commercial Code Articles 1 and 2 (including the important 2022 amendments to those Articles), as well as the new final text of the Restatement of Consumer Contracts. It also contains the Uniform Electronic Transactions Act, the United Nations Convention on Contracts for the International Sale of Goods, the UNIDROIT Principles of International Commercial Contracts, as well as excerpts from UCC Articles 3 and 9, the Restatements of Restitution and Unjust Enrichment, Employment Law, and Suretyship and Guaranty, the Electronic Signatures in Global and National Commerce Act, the Magnuson-Moss Warranty – Federal Trade Commission Improvements Act, the Federal Arbitration Act, the ALI-ELI Principles for a Data Economy—Data Transactions and Data Rights, and the ALI Principles of Software Contracts. Finally, it includes representative state Statutes of Frauds and the actual contracts in several leading cases.

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  Elgar Concise Encyclopedia of International Commercial Arbitration

  Franco Ferrari and Friedrich Rosenfeld

  This Encyclopedia provides a concise overview of key topics in the field of international arbitration. The Encyclopedia covers the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration and the IBA Guidelines on conflicts of interest, party representation, and the taking of evidence. Entries also discuss alternative methods of dispute resolution, such as mediation, all stages of arbitration proceedings, including the various post-award stages, among many other fundamental matters of commercial arbitration.

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  The FIDIC Conditions of Contract and Domestic Construction Law: A Guide for Global Dispute Resolution

  Franco Ferrari and Friedrich Rosenfeld

  The FIDIC Conditions of Contract and Domestic Construction Law is a book furnishing a comprehensive country-by-country description and analysis of how domestic construction law impacts FIDIC contracts. Parties to an international construction contract often use the standardized set of contract terms published by the International Federation of Consulting Engineers, known as the FIDIC Conditions. However, FIDIC terms apply within the boundaries of domestic law, which not only governs the formation, interpretation, and validity of FIDIC contracts but also fills gaps and shapes the expectations of the respective parties or decision-makers in disputes. Thus, parties and their counsel must be thoroughly informed of the same.

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  International Sales Law — CISG in a Nutshell

  Franco Ferrari and Marco Torsello

  Knowing about the United Nations Convention on Contracts for the International Sale of Goods (CISG) means to know about the law relating to international import/export contracts applicable to more than ¾ of world trade. This book provides a valuable guide to the understanding of both the fundamentals of that law and how it is interpreted in various countries, thus making it a helpful tool not only for students but also for practitioners. The 4th edition is updated throughout with many new decision citations, including decisions rendered in August 2024. This Edition also gives proper account of the interaction between the CISG and other recently amended instruments such as the ICC Incoterms (2020) and the ICC force majeure and hardship model clauses (2020).

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  Antitrust: Principles, Cases, and Materials

  Daniel Francis and Christopher J. Sprigman

  Antitrust: Principles, Cases, and Materials (3d Edition) is an openly-licensed antitrust law textbook, co-authored by Profs. Daniel Francis and Christopher Jon Sprigman (both teach at the New York University School of Law). The textbook is made available under a Creative Commons Attribution-NonCommercial-Share Alike 4.0 International License. Under the terms of this license, you are free to copy, modify, and redistribute the textbook in part or whole in any format provided that (1) you do so only for non-commercial purposes, and (2) you comply with the attribution principles of the license (credit the authors, link to the license, and, if you make modifications, share them under the same license terms).

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  2025-2026 Civil Procedure Supplement for Use with All Pleading and Procedure Casebooks

  Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, Helen Hershkoff, Adam N. Steinman, and Troy A. McKenzie

  This supplement is an up-to-date source for courses in Civil Procedure as well as in advanced procedure topics, and can be used with all pleading and procedure casebooks. It includes the Federal Rules of Civil Procedure and accompanying notes of advisory committees; selected provisions from the U.S. Constitution, U.S. Code, and proposed federal legislation regulating courts and procedure; state constitutions and state jurisdictional statutes; federal local rules (including local rules governing counsel’s use of Artificial Intelligence); sample judicial orders (including in class actions and MDL); and provisions from the Federal Rules of Appellate Procedure. It also contains edited versions of recent Supreme Court decisions of interest, including Fuld v. PLO (2025), on personal jurisdiction and the Fifth Amendment; Perttu v. Richards (2025), on the Seventh Amendment and administrative exhaustion in prisoner’s suits; Royal Canin U.S.A. v. Wullschleger (2025), on post-removal deletion of federal-law claims and supplemental jurisdiction over state-law claims; Harrington v. Purdue Pharma (2024), on the use of bankruptcy proceedings to resolve mass tort liability; SEC v. Jarkesy (2024), on the Seventh Amendment right to a jury trial in SEC enforcement proceedings; and Mallory v. Norfolk Southern Railway Co. (2023), on personal jurisdiction based on state registration statutes. In addition, the supplement provides materials for experiential learning, including a Flow Chart of a Civil Action, an Illustrative Litigation Problem with Sample Documents, and the complaints in Twombly, Iqbal, and Erickson v. Pardus.

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  Copyright Law: Cases and Materials

  Jeanne C. Fromer and Christopher J. Sprigman

  Copyright Law: Cases and Materials is a copyright textbook offered for free. Some law students come to the subject of copyright law with at least a rough working understanding of what copyright is, and what it does (or is theoretically supposed to do). But for many others, copyright has been, and remains, a subject that they’ve perhaps heard about but haven’t explored too deeply. Whatever level of knowledge you have about copyright at the moment, by the end of this book you will gain a firm grounding in the fundamentals of U.S. copyright law. Let’s now begin at the beginning, with a broad statement of what copyright is.

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  Law and Order Leviathan: America’s Extraordinary Regime of Policing and Punishment

  David W. Garland

  How could America, that storied land of liberty, be home to mass incarceration, police killings, and racialized criminal justice? In Law and Order Leviathan, David Garland explains how America’s racialized political economy gives rise to this extraordinary outcome.

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  Product Liability Law in the Age of AI

  Mark A. Geistfeld

  Product Liability Law in the Age of AI is the ideal casebook for a class on advanced torts delving into the doctrinal evolution of products liability and its numerous complexities, with extensive application to the liability issues involving artificial intelligence technologies. Product Liability Law in the Age of AI, Third Edition, written by Mark Geistfeld, the widely recognized expert on the relation between tort law and emerging AI technologies, represents the “next generation” of casebooks on products liability. Although the title to this book has changed, this edition continues the developmental path staked out in the prior two editions with substantial revisions throughout (particularly the material addressing software). This book is clearly written and contains an expanded set of problems at the conclusion of most chapters, with each of the 51 problems laying out the necessary background material on the AI technology in question while illustrating how the doctrines and underlying principles of product liability law apply to important issues involving these developing technologies. Earlier generations of casebooks focused on the relative merits of strict liability and negligence embodied in the apparently competing liability frameworks of the consumer expectations test in the Restatement (Second) of Torts and the risk-utility test in the Restatement (Third) of Torts. The majority of courts, however, have incorporated the risk-utility test into the framework of consumer expectations, resulting in a new liability regime—“strict products liability 2.0”—that often involves nuanced applications of risk-utility analysis formulated to fairly protect consumer expectations of safe product performance. In addition to teaching students how to comprehensively apply the risk-utility test across a surprisingly wide range of issues, the unique approach of this casebook also underscores the importance of doctrinal history, the psychology of evaluating product risks, and the role of products liability in the modern regulatory state. The casebook shows students how courts have applied established doctrines to novel problems ranging from the relevance of scientific evidence in toxic-tort cases to the distribution of defective products on the Amazon online marketplace and to the question whether social media platforms are products or services for purposes of tort law. To further illustrate this dynamic, most chapters in the casebook conclude with a set of problems addressing the liability issues likely to be raised by emerging AI technologies. Over the course of these 51 problems, students will gain a basic understanding of these automated technologies while learning how the doctrines and underlying principles of tort law can answer important questions that will largely shape the future of product liability law. New to the Third Edition: -Three new main cases addressing questions of liability for social media platforms and the Amazon marketplace. -Dozens of new problems throughout the book providing students with the opportunity to review the material in the preceding chapters while introducing them to AI technologies and the related liability issues. -Extensive revisions throughout to facilitate comprehension, update the caselaw where necessary, and motivate analyses of AI technologies.